Chicago – Attorney General Kwame Raoul and Massachusetts Attorney General Andrea Campbell lead a coalition of 16 attorneys general in issuing guidance to help businesses, nonprofits, and other organizations understand the viability and importance of diversity, equity, inclusion and accessibility policies and practices in creating and maintaining legally compliant and thriving workplaces.
The guidance comes in response to concerns from employers following a Trump Administration executive order that purportedly targets “illegal DEI and DEIA policies.” Importantly, the coalition’s guidance informs companies that efforts to seek and support diverse, equitable, inclusive and accessible workplaces are not illegal, and the federal government cannot prohibit these efforts in the private sector through an executive order.
“Diversity, equity, inclusion and accessibility initiatives do more than prevent discrimination – they promote respect, understanding and the celebration of diverse perspectives. This means ensuring that people of diverse races, backgrounds and beliefs are present and valued in workplace and educational settings, that everyone receives fair treatment and equal access to opportunities, and that individuals or groups feel welcomed and supported in those settings,” Raoul said. “As Illinois’ chief law enforcement officer, I am committed to enforcing federal and state civil rights laws to protect the rights of all people in Illinois and across the nation against discriminatory practices. Alongside my fellow attorneys general, we condemn discrimination in any form.”
Diversity, Equity, Inclusion and Accessibility Initiatives are Consistent with Federal and State Law
The federal government has recently targeted private sector diversity, equity, inclusion and accessibility policies and practices through an executive order directing agencies to “combat illegal private-sector DEIA preferences, mandates, policies, programs, and activities.” This order conflates valid and legal programs and practices supporting diversity, equity, inclusion and accessibility with unlawful preferences in hiring and promotion. The coalition’s guidance reminds organizations that these initiatives are not the same as illegal hiring or promotional preferences to individuals based on protected characteristics.
Instead, diversity, equity, inclusion and accessibility practices focus on ensuring that businesses can recruit, hire and retain qualified employees, and that workplaces provide support needed for all employees to develop their skills and contribute to the success of the business.
For decades, state and federal courts have consistently recognized that diversity, equity, inclusion and accessibility policies do not amount to impermissible discrimination. In fact, employment discrimination laws generally require employers to pay attention to the impact their policies and practices have on different groups to avoid and limit liability for unlawful conduct.
Diversity, Equity, Inclusion and Accessibility Initiatives Help Businesses Prevent Workplace Discrimination
In their guidance, the coalition reminds businesses that state and federal law prohibits discrimination in the workplace on the basis of race, sex, national origin and other protected characteristics. To effectively avoid liability for discrimination, employers must take steps to proactively prevent and address discrimination, including by identifying and remediating policies and practices that have an unlawful impact on current and prospective employees. Decades of research and data demonstrate that properly developed and implemented diversity, equity, inclusion and accessibility initiatives help prevent unlawful discrimination and ensure that discriminatory conduct is promptly identified, reported and addressed when it does occur.
Diversity, Equity, Inclusion and Accessibility Initiatives Foster Inclusive Recruiting, Hiring and Retention Practices
A study by a top U.S. research firm found that companies in the top quartile for diversity were 35% more likely to have financial gains above their respective industry counterparts. When diversity, equity, inclusion and accessibility principles are embedded within an organization’s culture, they reduce bias, boost workplace morale, foster collaboration and create opportunities for all employees. Diverse organizations that prioritize inclusivity tend to outperform their peers, with higher returns, lower turnover and a more attractive workplace for top talent.
The coalition’s guidance highlights best practices for recruitment and hiring, including:
Additionally, organizations that offer benefits such as employee resource groups, mentorship programs, professionalism trainings, and work groups focused on diversity, equity, inclusion and accessibility are proven to have heightened employee retention and engagement. According to Culture Amp’s 2024 Workplace DEI report, employees who strongly believe their companies value diversity are 84% engaged, while those who strongly disagree are 20% engaged. Best practices for professional development and retention include:
Joining Attorneys General Raoul and Campbell in issuing this guidance are the attorneys general of Arizona, California, Connecticut, Delaware, Hawaii, Maine Maryland, Minnesota, Nevada, New Jersey, New York, Rhode Island, Oregon and Vermont.
